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MINUTES - General Committee - 20080115 TOWN OF AURORA GENERAL COMMITTEE MEETING MINUTES NO. 08-03 Council Chambers Aurora Town Hall Tuesday, January 15, 2008 ATTENDANCE COMMITTEE MEMBERS Councillor Granger in the Chair; Mayor Morris, Councillor Buck (arrived at 7:18 p.m.), Councillors Collins-Mrakas, Marsh, MacEachern, McRoberts and Wilson MEMBERS ABSENT Councillor Gaertner was absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning and Development, Director of Financial Services/ Treasurer, Town Solicitor, and Council/Committee Secretary. Councillor Granger called the meeting to order at 6:00 p.m. CLOSED SESSION General Committee recommends: THAT General Committee convene into a Closed Session to consider a legal matter. CARRIED General Committee recessed at 6:01 p.m. General Committee recommends: THAT General Committee reconvene at 7:15 p.m. in public session. CARRIED I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. Councillior Marsh advised General Committee that Mr. Priestly no longer has an interest in the Claretree/Priestly projects, which therefore releases her from having any interest in these items as well. General Committee Report No. 08-03 Page 2 of 14 Tuesday, January 15, 2008 II APPROVAL OF AGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  Delegation a) – Ms Lee Cudlip Re: Memorandum from the Acting Director of Public Works - Clarification Relating to Anti-Whistling By-laws  Delegation b) – Mr. Will Ross Re: Item 7(7) – Traffic Safety Advisory Committee Meeting Minutes TSAC07-014 – All-Way Stop Sign Review on Kennedy Street East and Gurnett Street Intersection  Closed Session • Labour Relations Matter Re: Collective Bargaining with CUPE • Personal Matter Re: Recruitment of Director of Public Works  New Item 28 - Correspondence from Ms Elaine Markson Re: Parking Concerns on Walton Drive  New Item 29 - Correspondence from Ms Nancy Wright Re: Parking Concerns on Walton Drive CARRIED General Committee recommends: THAT procedure be waived in order to allow the following delegations to be added to the agenda:  Delegation c) – Mr. Jody Matthew Re: Item 7(7) – Traffic Safety Advisory Committee Meeting Minutes TSAC07-014 – All-Way Stop Sign Review on Kennedy Street East and Gurnett Street Intersection  Delegation d) – Mr. Scott Lyons Re: Item 7(7) – Traffic Safety Advisory Committee Meeting Minutes TSAC07-019 – Speeding and Safety Concerns on Allenvale Drive CARRIED III ADOPTION OF PREVIOUS MINUTES Special General Committee Meeting Minutes, 07-47, November 22, 2007 Special General Committee Meeting Minutes, 07-48, November 26, 2007 Special General Committee Meeting Minutes, 07-49, November 27, 2007 Special General Committee Meeting Minutes, 07-50, December 1, 2007 General Committee Meeting Minutes, 07-52, December 4, 2007 General Committee Report No. 08-03 Page 3 of 14 Tuesday, January 15, 2008 General Committee recommends: THAT the Special General Committee Meeting minutes 07-47, 07-48, 07- 49, 07-50 and the General Committee Meeting minutes 07-52 be adopted. CARRIED IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 3, 7, 11, 12, 13, 15, 17, 18, 19 and 22 were identified for discussion. V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION General Committee recommends: THAT the following recommendations respecting the matters listed as “Items not Requiring Separate Discussion” be adopted as submitted to the General Committee and staff be authorized to take all necessary action required to give effect to same: 1. Central York Fire Services – Joint Council Committee Meeting Minutes – November 27, 2007 THAT the Central York Fire Services – Joint Council Committee Meeting Minutes from the November 27, 2007 meeting be received; and THAT the following recommendations be adopted: THAT the JCC recommends to the Councils of Newmarket and Aurora: THAT the Consolidated Fire Services Agreement, specifically Section 2 of Schedule A regarding Chair/Vice-Chair, be amended to read as follows: “The committee shall elect a Chair and Vice-Chair bi- annually from its members to coincide with the Council term of office. At any given time the Chair and Vice-Chair shall not both be members from the same municipality and the appointments shall rotate bi-annually (i.e. where an Aurora member is Chair for one two (2) year term, a Newmarket member shall be Chair the subsequent two (2) year term; and so on). Each shall serve for a two (2) year term, unless a shorter term is determined by the Committee.” and THAT the Fire Chief review previous traffic calming correspondence and reports and report back to the Committee at the next JCC meeting with the Fire Department’s position regarding traffic calming measures. 2. GA07-04 – Graffiti Abatement Ad Hoc Committee Meeting Minutes November 29, 2007 THAT the Graffiti Abatement Ad Hoc Committee Meeting minutes from the November 29, 2007 meeting be received and the recommendations contained therein be adopted. General Committee Report No. 08-03 Page 4 of 14 Tuesday, January 15, 2008 4. EAC07-09 - Environmental Advisory Committee Meeting Minutes December 6, 2007 THAT the Environmental Advisory Committee Meeting minutes from the December 6, 2007 meeting be received and the recommendations contained therein be adopted. 5. HAC07-07 - Heritage Advisory Committee Meeting Minutes December 10, 2007 THAT the Heritage Advisory Committee Meeting minutes from the December 10, 2007 meeting be received and the recommendations contained therein be adopted. 6. EDAC07-09 – Economic Development Advisory Committee Meeting Minutes - December 13, 2007 THAT the Economic Development Advisory Committee Meeting minutes from the December 13, 2007 meeting be received and the recommendations contained therein be adopted. 8. PW08-001 – Early Approval of Capital Projects THAT, should Council deem it advisable to grant early approval for certain proposed 2008 Capital Projects, that Council grant said approval to the following projects: 1) Capital Projects No’s 31071, 31072, 31073, 31074, and 43029 (Various Capital Projects that all include Structural Watermain Relining work); and/or 2) Capital Project No. 31069 (Reconstruction of Engelhard Drive). 9. PW08-002 – Acceptance of Municipal Services – Bayview Wellington North Phase III, Registered Plan 65M-3657 THAT Council accept the municipal services contained within Registered Plan 65M-3657 being the Bayview Wellington North Phase III Residential Subdivision; and THAT Council enact By-law 4967-07.D for the assumption of the subject municipal services; and THAT the Director of Public Works be authorized to issue a Certificate of Acceptance of Public Works for said lands as required under Section 3.10 of the Subdivision Agreement; and THAT notice to the homeowners be provided through the Notice Board advising them that the subject development has been assumed by the Town; and THAT the Treasurer be directed to release the municipal servicing securities held in relation to the Bayview Wellington North Phase III Residential Subdivision. General Committee Report No. 08-03 Page 5 of 14 Tuesday, January 15, 2008 10. PW08-003 – Asphalt Repairs/Restorations THAT Council authorize the payment of additional funds in the amount of $13,807.05, associated with Request for Quotation No. PW-2007-20, for Asphalt Repairs/Restorations to Various Roads in the Town of Aurora to Royalcrest Paving & Contracting Ltd.; and THAT the additional funds be obtained from the Hill Drive Reconstruction Capital Fund, Sanitary Lateral General Operating Fund, Watermain Maintenance General Operating Fund, and Glass Drive Sidewalk Capital Fund. 14. CS08-001 – Feeding of Wildlife THAT report CS08-001 entitled Feeding of Wildlife be received for information. 16. CS08-003 – Council Pending List THAT report CS08-003 entitled Council Pending List be received for information. 20. Memorandum from the Director of Planning and Development Re: Official Plan Amendment, Zoning By-law Amendment and Proposed Plan of Condominium Applications Westhill Redevelopment Company Limited THAT the memorandum from the Director of Planning and Development be received for information. 21. Council Proclamation “The Year of Arts, Culture and Heritage in Aurora” THAT 2008 be proclaimed “The Year of the Celebration of Arts, Culture and Heritage in the Town of Aurora”; and THAT the proclamation be referred to the Heritage Advisory Committee. 23. FS08-001 – Temporary Borrowing By-law THAT the Mayor and the Director of Finance/Treasurer be authorized to borrow from time to time until the property taxes are collected, such sums as the Council considers necessary to meet the current expenditures of the Corporation for the year, in accordance with Section 407 of the Municipal Act, 2001, S.O. 2001 c. 25 as amended; and THAT, except with the approval of the Ontario Municipal Board (OMB), the total amount borrowed at any one time, plus outstanding amounts of principal borrowed and accrued interest, shall not exceed, a) From January 1 to September 30 in the year, 50 per cent of the total estimated revenues of the municipality as set out in the budget adopted for the year; and b) From October 1 to December 31 in the year, 25 per cent of the total estimated revenues for the municipality as set out in the budget adopted for the year; and General Committee Report No. 08-03 Page 6 of 14 Tuesday, January 15, 2008 THAT By-law 4880-07.F be repealed; and THAT Council enact By-law 4986-08.F authorizing temporary borrowing by the Corporation, pending the receipt of municipal revenues pursuant to Section 407 of the Municipal Act, 2001, S.O. 2001 c. 25 as amended. 24. FS08-002 – 2008 Interim Property Tax Rates THAT the Council for The Corporation of the Town of Aurora authorize a 2008 Interim Property Tax Levy on all rateable real property which has been assessed according to the assessment roll returned December 4, 2007 by the Municipal Property Assessment Corporation (MPAC) for the taxation year 2008; and THAT the 2008 Interim Property Tax Levy be set as legislated at 50% of the total 2007 property taxes levied on each property; and THAT the 2008 Interim Property Tax Rates will be equivalent to 50% of the 2007 Final Property Tax Rates as listed in Appendix “A” of this report and levied on the Current Value Assessment (CVA) as returned by MPAC for the taxation year 2008; and THAT the 2008 Interim Property Tax Levy be due in two relatively equal instalments on Thursday, February 26, 2008 and Tuesday, April 25, 2008; and THAT the Director of Finance/Treasurer be authorized to amend in whole or in part any billing in order to comply with any provincial legislation which may be introduced or passed by the Province of Ontario prior to or after the issuance of the 2008 Interim Property Tax Bills; and THAT By-law 4987-08.F be enacted at the Council meeting scheduled for January 22, 2008. 25. FS08-003 – Cancellation, Reduction or Refund of Property Taxes under Section 375 and 358 of the Municipal Act THAT the property taxes in the amount of $105,661.58 be adjusted in accordance with Sections 357 and 358 of the Municipal Act, 2001 S.O. 2001 c. 25 as amended, of which the Town of Aurora’s share totals $19,787.36; and THAT the associated interest, if applicable, be cancelled in proportion to the property taxes adjusted; and THAT the Director of Finance/Treasurer be directed to adjust the Collector’s Roll to reflect these property tax adjustments. 26. FS08-004 – 2008 Fees and Charges By-law THAT the 2008 Fees and Service Charges for licences and services itemized on the attached schedules be approved: Schedule A – Administration/Legal Services Division Schedule B – Building Administration Department Schedule C – Corporate Services Department Schedule D – Planning Department and Committee of Adjustment Schedule E – Public Works Department Schedule F – Financial Services Department; and General Committee Report No. 08-03 Page 7 of 14 Tuesday, January 15, 2008 THAT By-law 4988-08.F be enacted at the February 13, 2008 Council meeting and the appropriate notice be given as prescribed in the Notice By-law. 27. Memorandum from the Administrative Co-ordinator Re: 2008 Council Priorities THAT the memorandum regarding 2008 Council Priorities be received for information. 28. Correspondence from Ms Elaine Markson Re: Parking Concerns on Walton Drive (Added Item) THAT the correspondence from Ms Elaine Markson regarding parking concerns on Walton Drive be received for information. 29. Correspondence from Ms Nancy Wright Re: Parking Concerns on Walton Drive (Added Item) THAT the correspondence from Ms Nancy Wright regarding parking concerns on Walton Drive be received for information. CARRIED VI DELEGATIONS (a) Ms Lee Cudlip Re: Memorandum from the Acting Director of Public Works - Clarification Relating to Anti-Whistling By-laws Ms Lee Cudlip addressed General Committee in support of an anti-whistling by- law within the Town of Aurora. Ms Cudlip identified several municipalities who have such a by-law in place, and although she indicated that the objection to its implementation within the Town of Aurora stems from Transport Canada, she requested that Council resume the process required to establish such a by-law, which was initiated by the former Director of Public Works. General Committee recommends: THAT the comments of the delegate be received for information. CARRIED General Committee recommends: THAT, as item 18 was not originally pulled for discussion, procedure be waived in order to bring item 18 forward for discussion. CARRIED General Committee Report No. 08-03 Page 8 of 14 Tuesday, January 15, 2008 18. Memorandum from the Acting Director of Public Works Re: Clarification Relating to Anti-Whistling By-laws General Committee recommends: THAT the Region of York be asked to respond to this matter in order to allow Council to consider an anti-whistling by-law for the Town of Aurora; and THAT the Region focus specifically on providing information regarding risk assessment. CARRIED (b) Mr. Will Ross Re: Item 7(7) – Traffic Safety Advisory Committee Meeting Minutes - TSAC07-014 – All-Way Stop Sign Review on Kennedy Street East and Gurnett Street Intersection Mr. Will Ross addressed General Committee in support of keeping the stop sign in place at Kennedy Street East and Gurnett Street. Mr. Ross expressed concern regarding the safety of children and seniors in the neighbourhood and requested enforcement of the parking restrictions in the area. General Committee recommends: THAT the comments of the delegate be received for information. CARRIED (c) Mr. Jody Matthew Re: Item 7(7) – Traffic Safety Advisory Committee Meeting Minutes - TSAC07-014 – All-Way Stop Sign Review on Kennedy Street East and Gurnett Street Intersection Mr. Jody Matthew addressed General Committee in support of keeping the stop sign in place at Kennedy Street East and Gurnett Street. Mr. Matthew expressed concern regarding the safety of children in the neighbourhood and suggested that continuous review of this issue should not be necessary once the decision has been made to keep the stop sign. General Committee recommends: THAT the comments of the delegate be received for information. CARRIED General Committee recommends: THAT, as item 7 was not originally pulled for discussion, procedure be waived in order to bring item 7 forward for discussion. CARRIED General Committee Report No. 08-03 Page 9 of 14 Tuesday, January 15, 2008 (7) TSAC07-08 – Traffic Safety Advisory Committee Meeting Minutes December 19, 2007 (7) TSAC07-014 - All-way stop sign review on Kennedy Street East and Gurnett Street intersection General Committee recommends: THAT report TSAC07-014 - all-way stop sign review on Kennedy Street East and Gurnett Street intersection be received; and THAT the multi-way stop sign not be removed from Kennedy Street and Gurnett Street intersection; and THAT a letter be sent to all affected residents. CARRIED (d) Mr. Scott Lyons Re: Item 7(15) – Traffic Safety Advisory Committee Meeting Minutes - TSAC07-019 – Speeding and Safety Concerns on Allenvale Drive Mr. Scott Lyons addressed General Committee to request that this matter not be approved by Council at this time, in order to allow him to present his concerns to the Traffic Safety Advisory Committee. General Committee recommends: THAT the comments of the delegate be received for information. CARRIED General Committee recommends: THAT item 7(15) not be approved; and THAT the matter be referred back to the Traffic Safety Advisory Committee for re-consideration; and THAT Mr. & Mrs. Lyons be advised of when the matter will be coming forward to the Traffic Safety Advisory Committee. CARRIED General Committee recommends: THAT the balance of the Traffic Safety Advisory Committee Meeting minutes from the December 19, 2007 meeting be received and the recommendations contained therein be adopted. CARRIED VII PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE None General Committee Report No. 08-03 Page 10 of 14 Tuesday, January 15, 2008 VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. AAC07-06 – Accessibility Advisory Committee Meeting Minutes December 5, 2007 (2) Application for Site Plan Approval – Suncor Energy Products 15255 Leslie St. and 1540 Wellington St. E. General Committee recommends: THAT item 3(2) be referred back to staff for a further report. CARRIED (1) Full Service Gas Stations General Committee recommends: Whereas, it is in the public interest to ensure accessibility to a full range of services and facilities for all members of the public; and Whereas the elderly and persons with physical disabilities or limitations require access to full service gas stations; and Whereas there are NO full service gas stations presently operating in the Town of Aurora; NOW THEREFORE BE IT RESOLVED AS FOLLOWS: THAT the Canadian Petroleum Products Institute be requested to discuss with its members the need to ensure that gas stations make provisions for full service to patrons having special needs; and THAT the Ministry of Community and Social Services be requested to assist in the issue of accessibility to gas station services as part of their customer service standards contained in the AODA Regulations released in 2007; and THAT the Town of Aurora and staff use all available tools to ensure the provision of a full service component for all future gas station facilities in the Town of Aurora; and THAT the Town of Aurora utilize its web site and the Notice Board to encourage the public to sign a petition requesting gas stations to provide full services for patrons with special needs, and that staff determine the means of executing the petition; and THAT the Town of Aurora correspond with all gas station operators within the town to request them to review their current operations to see what can be done to accommodate persons with physical disabilities and special needs; and FURTHER THAT copies of this resolution be forwarded to the Canadian Petroleum Products Institute, Petroleum Companies, the Minister of Community and Social Services and all gas stations in Aurora. CARRIED General Committee Report No. 08-03 Page 11 of 14 Tuesday, January 15, 2008 General Committee recommends: THAT the balance of the Accessibility Advisory Committee Meeting minutes from the December 5, 2007 meeting be received and the recommendations contained therein be adopted. CARRIED 11. PW08-004 – Contract Award, Tender No. PW2007-123 The Maintenance and Emergency Responding to Sanitary Lift and Water Booster Stations within the Town of Aurora General Committee recommends: THAT Tender No. PW2007-123, “The Maintenance and Emergency Responding to Sanitary Lift and Water Booster Stations within the Town of Aurora”, be awarded to American Water Canada Corp.; and THAT Council authorize the Mayor and Clerk to sign the attached Agreement to execute the subject contract; and THAT the appropriate sewer charge surcharges to residents served by their respective Sanitary Lift Station be implemented as described in Report PW08-004; and THAT the appropriate draft by-law to implement the above noted sewer charge surcharges be tabled at a future meeting. CARRIED 12. PL08-003 – Servicing Allocation Matrix – Front Ending Agreements General Committee recommends: THAT the attached Matrix for the Allocation of Servicing Capacity, Appendix 1, be adopted by Council to be used to determine applications that may be considered for allocation; and THAT the Allocation Policy be revised to remove the word “Ranking” from the Criteria as indicated within Appendix 2; and THAT Criteria 1 be deleted. CARRIED 13. PL08-006 – Planning Applications Status List General Committee recommends: THAT the Planning Applications Status List be received for information; and THAT staff contact the owners of vacant lots, particularly in the downtown core, to discuss the status of the development; and THAT By-law staff also have discussions with these owners in order to bring the properties up to appropriate standards. CARRIED General Committee Report No. 08-03 Page 12 of 14 Tuesday, January 15, 2008 15. CS08-002 – Anti -Chaining of Dogs General Committee recommends: THAT report CS08-002 entitled Anti-Chaining of Dogs be received for information; and THAT staff amend the Town of Aurora’s Animal Control By-law to include a provision related to the tethering of dogs. CARRIED 17. Key Performance Indicators and Business Plan Updates (deferred from December 4, 2007 General Committee)  Chief Administrative Officer’s Office  Legal Services  Economic Development Office  Communications & Marketing  Planning & Development Services  Corporate Services  Financial Services  Building Administration  Public Works General Committee recommends: THAT the Key Performance Indicators and Business Plan Updates, including the Leisure Services Department, be deferred to the February 5, 2008 General Committee meeting. CARRIED 19. Correspondence from Pitch-In Ontario General Committee recommends: THAT the correspondence from Pitch-In Ontario be received for information. CARRIED 22. LS08-001 – Award of Consolidated Facility Concession and Vending Contract General Committee recommends: THAT report LS08-001 – Award of Consolidated Facility Concession and Vending Contract be deferred to the January 22, 2008 Council meeting; and THAT the legal advice pertaining to this matter be referred to Closed Session after this meeting. CARRIED General Committee Report No. 08-03 Page 13 of 14 Tuesday, January 15, 2008 IX NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Buck inquired as to who placed the green bins and other containers outside of the Leash Free Dog Park, to which the Director of Corporate Services responded that it was not done by staff and that the assumption is that it was the dog owners that are using the park. Councillor Marsh provided Notice of Motion regarding Habitat for Humanity. Councillor McRoberts inquired as to why a generator is running 24 hours per day, 7 days per week on the property where the Catholic High School is being constructed, to which the Director of Building responded that she would follow up on the matter. Councillor MacEachern requested clarification as to why the amendment which was made at Council to item 15 – ADM07-015 – Extension of Agreement for Provision of External Legal Services of the December 4, 2007 General Committee minutes was not reflected on the General Committee minutes included on the January 15, 2008 General Committee agenda. The Director of Corporate Services advised that this would be corrected. Councillor MacEachern inquired as to when the Arboretum’s 2007 spending report will be received to which the Director of Leisure Services responded that it would be provided prior to the 2008 budget approval. Councillor MacEachern inquired as to when the staff report regarding plantings on Vandorf Sideroad would be received, to which the CAO responded that he would review the matter and respond. Councillor MacEachern provided a Notice of Motion regarding a re-consideration of the Code of Conduct. Councillor MacEachern provided a Notice of Motion regarding the 404 lands. Mayor Morris advised that amendments will be made to item 21 - “The Year of Arts, Culture and Heritage in Aurora” at the next Council meeting. Councillor Collins-Mrakas inquired as to whether additions could be made to item 27 – 2008 Council Priorities, to which the Mayor responded that it can always be amended. Councillor Granger provided a Notice of Motion regarding the implementation and costs associated with offering Aurora seniors a snow and windrow removal program. X CLOSED SESSION Personal & Legal Matters General Committee recommends: THAT this committee convene into a closed session to consider personal matters regarding identifiable individuals and the recruitment of a Director of Public Works, a labour relations matter regarding collective bargaining with CUPE, and a legal matter. CARRIED General Committee Report No. 08-03 Page 14 of 14 Tuesday, January 15, 2008 XI ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 10:00 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 08-03 WAS CONSIDERED AND ADOPTED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, JANUARY 22, 2008, WITH THE EXCEPTION OF ITEMS 1, 4, 25, 28 AND 29 WHICH WERE ADOPTED AS PREVIOUSLY PRESENTED, AND ITEMS 13 AND 21 WHICH WERE DISCUSSED AND ADOPTED AS AMENDED. _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR KAREN EWART, DEPUTY CLERK